The judgment below

The part concerning the conjunctive claim is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785 of Dec. 21, 2007; hereinafter the same shall apply) provides that the matters to be included in the articles of association shall be included in the calculation of the expenses to be borne by the association, considering the fact that the “expenses to be borne by the association” or the “matters to be included in the contract for the selection of the executor, designer and the cost-bearing of the association members, etc.” (Article 20(1)8 and 15) and the modification thereof requires the consent of at least 2

Therefore, it is reasonable to view that Article 20(3), (1)8, and 15 of the former Act to protect the interests of the association members requires the consent of at least 2/3 of the association members, by applying mutatis mutandis the provisions of Article 20(3), (1)8, and (15) of the former Act, where the essential contents of the articles of association of a reconstruction association should undergo a strict procedure for modification of the articles of association, or the contents to be included in the contract, compared to the time of the initial rebuilding resolution.

In a case where the provisions of the articles of association of a reconstruction association stipulate that the matters to be included in the original rebuilding resolution may be resolved with the consent of not less than 2/3 of the members of the association despite having substantially modified the contents of the rebuilding resolution, the contents of the rebuilding resolution can be easily modified, and the alteration of the contents of the rebuilding resolution differs from the interests.